PUBLIC LAW BOARD NO. 3845
PARTIES TO THE DISPUTE
Brotherhood of Maintenance of )
Way Employees )
and ) Case No. 5
Award No. 5
Norfolk and Western Railway )
Company (Lake Region) )
STATEMENT OF CLAIM
"Claim of the System Committee of the Brotherhood that:-
(1) The dismissal of Trackman Lonnie R. Wagers
for allegedly making a false statement
on his application for employment was
without just and sufficient cause and
excessive. [Organization File: MW-FTW83-7].
(2) Claimant Lonnie R. Wagers shall now be
reinstated with seniority and all other
rights unimpaired and compensated for
all wage loss".
OPINION OF THE BOARD
On March 31. 1980, Claimant applied for employment with
Carrier. Under the heading "Military" on the application
form, he entered "Honorable". Carrier accepted Claimant into
its employ on May 28, 1980. On February 10, 1983, while being
deposed in connection with a lawsuit against Carrier, Claimant
PLB #3845 Awd. l#5
stated under oath that he had in fact received a Bad Conduct
Discharge from the United States Marine corps. Following
an investigation hearing on April 11, 1983, Claimant was notified
of his dismissal from Carrier's service on April 22, 1983.
Claimant admitted his guilt at the investigation which
was conducted with fairness and impartiality. The only questions which this Board need deal with relate to the materiality
of Claimant's misrepresentation and the timeliness of Carrier's
action in seeking Claimant's dismissal once it became aware
of the misrepresentation. The Board is of the opinion that
the misrepresentation was indeed material in that Carrier
might well have refused employment to Claimant had it known
the true circumstances of his military service and discharge.
It is also evident in this case that Car-Tier moved promptly
in seeking Claimant's dismissal as soon as it received knowledge
of the misrepresentation. In no sense, therefore can Carrier
be said to have waived its right to dismiss Claimant by a
reservation of its action against him.
Accordingly, the evidence fully justifies Claimant's
dismissal in this case.
AWARD
Claim denied.
E. ert, Neutral MemSer
i
S.C. Lyons, Carr r Member H.G. Harper Employe Member
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